IIRC, the issue isn't so much (now) whether the test should be done, but what exactly can be done as a result of the test results themselves.
An example, civvy world, is that your employer tests for drugs. You are already employed. There are significant responsibilities now placed on the employer to support the employee through drug rehabilitation and counselling, etc.
Many employers prefer a don't ask/don't check/don't tell, because it can get very sticky as to how you -react- to a positive result.
I haven't read the SCC decision, Ill see if I can find it on lexum, Im assume its there. Does anyone know if it addresses permitted reactions/actions taken to a positive result, or does it just allow for the tests in the first place?
An example, civvy world, is that your employer tests for drugs. You are already employed. There are significant responsibilities now placed on the employer to support the employee through drug rehabilitation and counselling, etc.
Many employers prefer a don't ask/don't check/don't tell, because it can get very sticky as to how you -react- to a positive result.
I haven't read the SCC decision, Ill see if I can find it on lexum, Im assume its there. Does anyone know if it addresses permitted reactions/actions taken to a positive result, or does it just allow for the tests in the first place?